Welu v. Twin Hearts Smiling Horses, Inc.

¶46 I disagree that the aboveground portions of the pivot irrigation system were a permanent fixture attached to Held’s land. I also disagree that a claim for unjust enrichment is precluded when ownership is determined by operation of statute, rather than pursuant to principles of contract law.

A. The record does not support a conclusion that the pivot irrigation system was a permanent and physical attachment to Held’s property.

¶47 I disagree with the Court’s conclusion that the aboveground portions of the pivot irrigation system are a fixture. First, the system does not meet the criteria…